The Scottish Local Government Elections Amendment Order 2021

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made under powers in section 3 and 16 of the Local Governance (Scotland) Act 2004 and makes provision about the conduct of local government elections in Scotland. The Order amends the Scottish Local Government Elections Order 2011 (“the 2011 Order”), and the Representation of the People Act 1983 (“the 1983 Act”).

Article 2 makes a number of amendments to the 2011 Order. Article 2(2) removes wording from rule 7(2)(d) of schedule 1 of the 2011 Order to reflect that the home address of a witness is no longer required in the nomination paper. Article 2(3) adds paragraphs into rule 24 of schedule 1 of the 2011 Order to oblige the returning officer to send an official poll card or notification to a detained prisoner, or a prisoner held on remand, at the place at which they are being detained rather than the address at which they are registered to vote.

Article 2(4) amends rule 53(2) of schedule 1 of the 2011 Order so that, where the last vacancies are filled in accordance with rule 53(1), no further transfer of votes is required. Previously, rule 53(2) provided that no further transfer of votes shall be made. Where the count is conducted by means of an electronic counting system it is possible that the electronic counting system will automatically generate a further transfer of votes where the last vacancies are filled under rule 53(1), albeit this has no effect on the count. Article 2(3) ensures that any automatically generated transfer which occurs after the last vacancies have been filled is not in breach of rule 53(2).

Article 3 makes a number of amendments to the 1983 Act. Article 3(2) inserts new paragraphs (c) to (e) into section 76(5A) of the 1983 Act. Section 76 sets out limits on election expenses including a maximum amount for candidates at a local government election in Scotland. Section 76(5A) lists a number of matters which are not required to be covered by the maximum amount. Article 3(2) provides that reasonable expenses which are: reasonably attributable to a person’s disability; incurred in the protection of persons or property at public events; or reasonably attributable to the translation of anything into a different language, do not count towards this maximum amount of election expenditure.

Article 3(3) inserts new section 88A into the 1983 Act to place a duty on the returning officer to publish a notice of the time and place at which the returns and declarations made in relation to election expenses can be inspected. New section 88A also provides for how this duty is to be performed in the event of late declarations or returns.

Article 3(4) amends section 90ZB of the 1983 Act (as inserted by section 17 of the Local Electoral Administration and Registration Services (Scotland) Act 2006) so as to ensure that the definition of “election expenses” only includes expenditure which is incurred in respect of any matter in schedule 4B of the 1983 Act (also inserted by section 17 of the 2006 Act) which is used for the purposes of the candidate’s election after they became a candidate. Article 3(4) also repeals section 90ZB(3) which provided that the definition of “election expenses” includes expenditure on matters used for the purposes of the candidate’s election before and after they became a candidate. Finally, article 3(4) repeals section 90ZB(7) which is no longer required following the other amendments made by article 3(4).